Terms of Use

Last updated on 20 November 2021

The provision of the features and functionality of PrestoColor (as defined herein) is subject to this Terms of Use. You hereby acknowledge that you have read, understood and accepted this Terms of Use and by using this PrestoFans Personal Branded Site, it constitutes your unconditional acceptance to be bound by this Terms of Use which may be amended from time to time.

1.   Definitions and Interpretation

1.1 Definitions

“Company”, “ours”, “us” or “we”: means PRESTO COLOR SDN BHD [REGISTRATION NO. 201801036217 (1298246-V)], a company incorporated in Malaysia with registered address at C-2-01, Level 2, Capital 3, Oasis Square, No.2, Jalan PJU 1A/7A Ara Damansara, 47301, Petaling Jaya, Selangor
Malaysia including its successor-in-title;
 
“Content”: means all data, text, information, usernames, trademarks, logos, graphics, images, photographs, profiles, audio, video, items and links in relation to, or displayed on the PrestoColor Official Site;

“Terms of Use”: means the terms and conditions stipulated in this document which is accepted by the Visitor by clicking accept or by way of utilization of PrestoColor;

1.2 Interpretations


1.2.1   In this Terms of Use, words importing the singular or the masculine gender will include the plural or the feminine/neuter genders or vice versa and references to persons include any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state.

1.2.2   Any reference to statutes and rules made include all amendments, which may be enacted from time to time.

1.2.3   Any reference to “law” includes common law and any constitution, decree, judgment, legislation, order, ordinance, regulation, statute, treaty or other legislative measure in any jurisdiction or any present or future directive, regulation, request or requirement (in each case, whether or not having the force of law, the compliance with which is in accordance with the general practice of person to whom the directive, regulation, request or requirement is addressed). 


1.2.4   A period of days from the occurrence of any event or the performance of any act or thing shall be deemed to exclude the day on which the event happens or the act or thing is done or to be done (and will be reckoned from the day immediately following such event or act or thing).

 

2.   PrestoColor


PrestoColor is a creator economy company which aims to empower and enable creators with building and growing their fanbase through their own platform, where they can fully control the tools by using PrestoFans, a set of monetization tools that are a first of its kind in Asia. PrestoFans is designed to help creators and fans to have deeper engagement.

 

3.   Registration and Account


3.1    In order to become a “Creator” or “Fan”, you are required to register an account as a “Creator” or as a “Fan”. Registration as a member is free.

3.1.1 By registering as a “Creator”:


a.    You will need to visit our official website and fill in your personal details at Contact Us. Our consultant will help to setup a Creator account for you; 
c.    You will need to add your bank account details in the creator account;
d.    We may reject your application to set up a Creator account if your country is not in the list of available countries when registering a new account; 
e.    Once you have set up your Creator account, if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans;
f.    When you start adding Content to your Creator account, Users will be able to subscribe to your account and become your Fans; 
g.    If you lose access to your account, you can reset your password, but you will need to know the email address used to setup the account to do so. If you do not recall the email address used to setup the account, we may require you to provide identification documents and photos as well as any additional evidence we may reasonably require to prove your identity. 

3.1.2    By registering as a “Fan” you are required to create a Presto Account. You warrant and represent that you are eighteen (18) years of age or above. In the event that you are below eighteen (18) years of age, you shall obtain your parent or legal guardian’s consent. Your parent or legal guardian shall be responsible for your use of the Presto App.

 

4.    Disclaimer


4.1   PrestoColor is provided on an “as is” and “as available” basis and the Company disclaims all liability and responsibility and makes no express or implied representations of any kind in relation to the provision of features of PrestoColor including but not limited to:


a)   availability, accessibility, timeliness and uninterrupted use of PrestoFans; and/or
b)   sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the features


4.2   The Company shall use all reasonable endeavors to ensure that the PrestoColor Site is secure and cannot be accessed by unauthorized third-parties but does not warrant the security or confidentiality of any information transmitted through PrestoColor. 


4.3   While the Company undertakes reasonable care to ensure that the features as provided by PrestoColor are uninterrupted, transmissions will be error-free, and that the security of PrestoColor is safeguarded within the Company’s control, the functionality of PrestoColor is reliant on connectivity due to its inherent online nature. The Company shall be unable to provide any guarantees in this regard.


 

5.     Further Information, Enquiries and Complaints


For further information, further enquires and complaints in respect to PrestoColor, you may contact our support team at colorsupport@prestouniverse.com or select "WhatsApp" function in the bottom right to initiate a live chat. Our live chat service is available daily from 10:00 a.m. to 6.00 p.m. including weekends and public holidays, which may be subject to changes from time to time without notice to you.

 

6.    Governing Law

 

This Terms of Use is governed by and is to be construed in accordance with the laws of Malaysia.

 

7.    Illegality and severability of provisions

7.1   The illegality, invalidity or unenforceability of any provision of this Terms of Use under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision. 
 

7.2   If a provision in this Terms of Use is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down the provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in the Terms of Use.

 

8.    Variation to the Terms of Use


8.1 The Company reserves all rights and may at any time vary, revise, change, amend, withdraw, substitute or remove any of this Terms of Use.


8.2   Any such amendment shall be effective twenty-one (21) days after the     revised Terms of Use or any such amendments have been posted on PrestoColor and such revised Terms of Use shall be binding on you.


8.3   The continued use of PrestoColor following twenty-one (21) days after the posting of the revised Terms of Use and/or notification of any such variation, revision, change, amendments, withdrawal, substitution or removal of this Terms of Use shall be deemed to constitute your acceptance with no expression of any reservation by you.